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Friday, October 23, 1959

FEDERAL REGISTER
Sec.

8567

Sec.
Progress payment provision in invi 82.93- 3 Excessive Inventory.
tations for bids.
82.93- 4 Delinquency in payment o f costs o f 46 CFR
Fage 82.73- 2 Sm all business restricted adver performance.
tising.
172_______________________________ 8607
82.93- 5 Fair value o f undelivered work.
82.733 Progress payments exclusively for82.93- 6 Erroneous cost estimates.
50 CFR
small business.
82.94
Government title.
34 _______________________ :______ 8607 82.73- 4 Notice to bidders.
82.94- 1 Loss, theft, destruction, or damage.
82.735
T otal costs clause preferable.
35 ----------------------- ------ ___ ._ 8608
82.94- 2 Government-furnished property. j 82.736 Non-responsive bids;
uninvited82.94- 3 Special tooling.
progress payment condition.
82.94- 4 Termination for convenience of the Sec.
82.74
Unusual progress payments; stand Government.
82.40
Guaranteeing agency.
ards; procedure.
82.94- 5 Scrap; excess property.
82.40- 1 Effect on preponderance of progress82.75
Accounting system and controls.
82.95
Consideration for progress pay payments or denial of certificate 82.76
Inform ation required.
ments; awards.
of eligibility.
82.77
Advance payments.
82.96
Amendments to provide progress 82.40- 2 Shifting of preponderance.
82.78
Definitions.
payments.
82.41
100 percent guarantees.
8278-1 Progress payments.
82.97
Consideration for amendments pro 82.42
Asset formula.
82.782 Customary progress payments.
viding for progress payments.

82.43
Am ount and maturity -of guaran 82783 Unusual progress payments.
Appendix I V -loan guarantee agreement.
teed loans.
82.784 Costs.
82.44
Assignments of claims under con A u t h o r it y : 82.1 to 82.97 issued under 82.785 Incurred costs.
tracts.
R. S. 161, sec. 2202, 70 Stat. 120; 5 U.S.C.
82.786 Unliquidated progress payments.
82.45
Other collateral security.
22, 10 U.S.C. 2202. Interpret or apply sec.
82.787 Contract price.
82.46
Contract surety bonds in relation 82.788 Amendments, supplements, a n d301, 702d, 64 Stat. 800, 816, as amended, to loan guarantees.
secs. 2307, 7364, 70A Stat. 131, 455, as modifications.
82.47
Other borrowings.
82.789 Deviation.
amended, sec. 1, 72 Stat. 972; 50 U.S.C. App.
82.48
Eligibility certifications.
2091, 2152d, 10 U.S.C. 2307, 7364, 50 U S .C .
8279
Contract clauses.
82.49
Procedure for certificate o f eligi 1431, E.O. 10480, 18 F.R. 4939, 3 CFR, 1953
82.791 Total costs clause.
bility.
82.792 Direct labor and materials costSupp., E.O. 10789, 23 F.R. 8897.
clause.
Scope; financing defined.
Subpart D A d van ce Paym ents 8279 3 Schedule provision for progress pay 8 2 .1
ments to subcontractors.
This-part covers the financing of con 82.50
Scope of subpart; references.
82.80
General instructions for progress 82.50-1 Advance payments on subcontracts.
tracts and subcontracts for the national payment clauses.
82.51
Types of contracts that may have defense. I t is applicable to contract 82.801 Contracting officer.
advance payments.
financing for all types of contracts fo r 82.802 Variation in percentages.
82.52
Advance payments in addition to 82.803 Total cost basis; percentage otherall kinds of work, supplies and services, progress payments.
than 70 percent.
except as provided in 82.69-2 or as 82.53
Interest.
82.804 Limited cost basis; other perotherwise indicated herein. The term 82.54
Standards; amounts; need.
centages.
financing as used in this part covers 855
Statutory requirements.
82.80- 5 Cost basis less than direct laborGovernment guaranteed loans, advance 82.56
Responsibility; delegation o f a u
and material costs.
thority.
payments and progress payments not 82.806 Other protective provisions.
82.57
Public Law 85-804; formally adver including partial payments for delivery 82.81
Progress payment liquidation.
tised contracts.
of one or more completed units called for 82.811 Ordinary method.
82.57- 1 Special contract provisions.
under a contract necessary for both 82.812 Alternate method.
82.572 Data.
82.813 Liquidation percentages.
performance and termination purposes, 82.58
Uses of advance payments.
82.82
Subcontracts. .
to the extent authorized by law.
82.59
Standards for advance payment de 82.821 Subcontractor progress payments.
terminations; all contracts.
Purposes.
82.822 Adaptation o f uniform clause for 82.2
82.60
Findings, determinations and au
subcontracts.
thorization.
This part is intended to a state basic 82.83
Progress payments on subcontracts 82-61
Application for advance payment.
contract financing policy, b assure under cost-reimbursement types 82.62
Action by contracting officer; ap proper uniformity in policies procedures of prime contracts.
proval.
and forms, c provide for application of 82.84
Letter contracts.
2.62-1 Action by contracting officer; dis 82.85
Transition.
the fundamental management principle approval.
82.85- 1 Separate contracts.
of internal check and balance, d insure 82-63
Security; supervision; covenants.
82.852 Existing indefinite quantity conthat the need fo r advance or progress 82.64
Forms of contract provisions and tracts.
supplemental agreements.
payments by contractors will not be 3 Supplements, amendments, and 82.64- 1 Forms o f agreement fo r special 82.85treated as a handicap in awarding con modifications; when new clause bank account.
tracts, e facilitate and accelerate the not required.
4 -2 Advance payment provisions.
82.854 Supplements, amendments, andmaking of progress payments requested Pooled advance payments; general.
modifications; gradual operation by small business concerns under Gov 82.651 Distinction between pool contracts of new clause.
ernment contracts, and f emphasize 89 Rfi and desiSnated pool contracts.
82.855 Supplements, amendments, andthe usefulness and desirability of pro 2.66
Advance payment pool agreements;
modifications;
concerning prog special features.
viding proper contract financing assist ress payments.
67
Liquidation; designated pool conance to small business concerns.
82.858
Amendments reducing the rate of 82 fin tracts; administering office.
progress payments.
82.3 Application.
68
Pooled advance payments; under 82.86
Contract financing office clearance.
standings.
This part supersedes all regulations, 82.87
Coordination.
Sinconsistent herewith, including the joint 82.872 H old -u p list.
82.69
Scope.
82.88
Contractors request.
82.69- 1
regulations dated December 17, 1956, is References.
82.89
Audit.
sued as A R 715-6, NAVEXOS P-1006
82.69- 2 Exclusions.
82.90
Administration; general.
82.69-3
NPD 31-001 and A PR 173-133.
Contract coverage.
82.901 Extent of supervision.
82.70
Percentage or stage of completion.
82.902 Use of progress payments by con 82.4 Implementation.
82.71
General.
tractors.
82.711
The content o f this part shall be dis Requests for proposals.
82.91
Adjustments; retroactive price re 82.72
tributed promptly to all personnel con Customary progress payments;
duction; refunds.
cerned with procurement and with standards.
82.92
Maxim um liquidated amount.
82.72-1
Applicability of percentages.
82.921 Quarterly statements ofi price recontract financing, including contract 82.72-2 Amendment to reduce percentages.
ing officers, for information and com vision contracts.
82.72- 3 Indefinite quantity contracts.
82.93
Suspension or reduction o f pay pliance. Copies o f all implementing 82.72- 4
Administration.
ments, general.
regulations, directives, procedures, and 82.73
Formal Advertising; small business 82.931 Failure to comply with contract. instructions, as issued from time to time restricted advertising.
82.932 Unsatisfactory financial condition.within the Military Departments, at all
CODIFICATION GUIDE Con.

82.73-

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